2, smuggling, illegal administrative cases.
I. Cases of smuggling crimes handled by the Customs Anti-smuggling Bureau
1. According to the provisions of the Customs Law, the anti-smuggling department of the Customs has imposed penalties on articles 15 1, 152, 153, 154, 155 and 347 of the Criminal Law. Investigation, detention, execution, arrest and pre-trial of the crimes of smuggling rare plants and rare plant products, smuggling obscene articles, smuggling ordinary goods and articles, smuggling solid waste and smuggling drugs.
2. Cases of colluding with smuggling criminals to provide them with loans, funds, account numbers, invoices and certificates or to provide them with transportation, storage and mailing facilities.
3, other customs departments, local public security, industry and commerce administration and tobacco monopoly and other administrative law enforcement departments seized the transfer of smuggling crimes.
4, armed cover smuggling and the use of violence, threats to resist anti-smuggling cases.
2. Who will be released on bail pending trial by the Customs Anti-smuggling Bureau?
Bail pending trial is generally executed by the investigation organ, and cases directly handled by the public security bureau and the procuratorate can also be executed.
Obligation to bail a person awaiting trial. According to the provisions of Article 69 of the new Criminal Procedure Law, criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
3. The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
Legal basis:
People's Republic of China (PRC) Customs Law
Article 82 Whoever, in violation of this Law and other relevant laws and administrative regulations, evades customs supervision, evades tax payable, or evades state regulations prohibiting or restricting entry and exit, commits any of the following acts:
(1) transporting, carrying or mailing goods and articles prohibited or restricted by the state or goods and articles subject to tax according to law;
(2) Selling bonded goods, goods with tax reduction or exemption, other goods and articles under customs supervision, and means of transport entering or leaving the country without customs permission, without paying the tax payable and submitting the relevant license documents;
(3) Other acts that evade customs supervision and constitute smuggling.
If one of the acts listed in the preceding paragraph does not constitute a crime, the smuggled goods, articles and illegal income shall be confiscated by the customs, and a fine may also be imposed; Goods and articles specially or repeatedly used to cover smuggling, means of transport specially or repeatedly used for smuggling, and special equipment for hiding smuggled goods and articles shall be ordered to be dismantled or confiscated.
Whoever commits one of the acts listed in the first paragraph, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 83 Whoever commits one of the following acts shall be punished as smuggling and punished in accordance with the provisions of Article 82 of this Law:
(1) illegally purchasing smuggled goods and articles directly from smugglers;
(2) People on inland seas, territorial seas, rivers and lakes, ships and means of transport buy or sell goods or articles whose entry or exit is prohibited or restricted by the state, or transport or buy or sell goods that are taxable according to law without legal proof.
Article 84 Whoever forges, alters, buys or sells customs documents, conspires with smugglers to provide them with loans, funds, account numbers, invoices, certificates and customs documents, and conspires with smugglers to provide them with transportation, warehousing, mailing or other conveniences, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the customs shall confiscate the illegal income and impose a fine.
Criminal law of the people's Republic of China
Article 151 Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Smuggling cultural relics, precious metals such as gold and silver, or precious animals and their products prohibited by the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.
Whoever smuggles precious plants and their products and other goods and articles whose import and export are prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.
Article 152 Whoever smuggles obscene movies, video tapes, audio tapes, pictures, books and periodicals or other obscene articles for the purpose of profit-making or dissemination shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Whoever evades customs supervision and transports solid waste, liquid waste and gas waste into the country from abroad, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 153 Whoever smuggles goods and articles other than those specified in Articles 151, 152 and 347 of this Law shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Whoever smuggles goods and articles and evades a relatively large amount of tax payable, or who is given administrative punishment twice for smuggling within one year and smuggles again, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax payable.
(2) Whoever smuggles goods and articles and evades the tax payable is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than one time but not more than five times the tax payable.
(3) Whoever smuggles goods or articles and evades the tax payable is especially huge or has other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable or confiscated of property.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
Those who smuggle many times without treatment shall be punished according to the accumulated tax payable on smuggled goods and articles.
Article 154 If the following smuggling acts constitute a crime in accordance with the provisions of this section, they shall be convicted and punished in accordance with the provisions of Article 153 of this Law:
(1) Selling bonded goods such as raw materials, spare parts, finished products and equipment. (a) without the permission of the customs, failing to pay the tax payable, and being approved to be used for processing and assembly and compensation for trade imports, making profits in China;
(2) Selling goods and articles imported with specific duty reduction or exemption in China for profit without the permission of the customs and without paying the tax payable.
Article 155 The following acts shall be punished as smuggling and punished in accordance with the relevant provisions of this section:
(1) directly and illegally purchasing articles prohibited by the state from smugglers, or directly and illegally purchasing other smuggled goods and articles in a relatively large amount;
(2) Transporting, purchasing or selling articles whose import and export are prohibited by the state in inland seas, territorial seas, rivers and lakes, or transporting, purchasing or selling a large number of goods and articles whose import and export are restricted by the state without legal certificates.
Article 156 Whoever conspires with smuggling criminals to provide them with loans, funds, account numbers, invoices and certificates, or to provide them with convenient conditions such as transportation, storage and mailing, shall be punished as smuggling.
Article 157 Whoever provides armed cover for smuggling shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 151 of this Law.
Whoever resists anti-smuggling by violence or threat shall be punished in accordance with the provisions of Article 277 of this Law on the crime of smuggling and the crime of obstructing state functionaries from performing their duties according to law.